CLAT PG Constitutional Law (LLM) Syllabus

PG Constitutional Law (LLM) syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for PG Constitutional Law (LLM) in CLAT, not a summary of it.

1. 1

   Constitutional Framework

   3 topics

   • Preamble and Basic Structure
     • Kesavananda Bharati and basic structure doctrine
     • Evolution of unamendable features
   • Union and State Relations
     • Distribution of legislative powers
     • Doctrine of pith and substance
   • Emergency Provisions
     • National, State and financial emergency
2. 2

   Fundamental Rights and Remedies

   3 topics

   • Right to Equality and Life
     • Article 14 reasonable classification
     • Expanding scope of Article 21
   • Freedoms under Article 19
     • Reasonable restrictions
   • Constitutional Remedies
     • Writ jurisdiction under Articles 32 and 226
3. 3

   Judiciary and Governance

   3 topics

   • Judicial Review and Independence
     • Powers of constitutional courts
   • Directive Principles and Duties
     • Harmonisation with fundamental rights
   • Public Interest Litigation
     • Locus standi and judicial activism

PG Constitutional Law (LLM) flashcards for CLAT

20 of 51 cards from the PG Constitutional Law (LLM) deck — real questions with worked answers.

1. What is the Preamble of the Indian Constitution and is it a part of the Constitution?

   The Preamble is the introductory statement declaring the source, objectives, and date of adoption. In Kesavananda Bharati (1973), the Supreme Court held it IS a part of the Constitution and can be amended (overruling Berubari, 1960), but its basic features cannot be destroyed.

2. Which words were added to the Preamble by the 42nd Amendment (1976)?

   'Socialist', 'Secular', and 'Integrity' were inserted, changing the description to 'Sovereign Socialist Secular Democratic Republic' and the unity phrase to 'unity and integrity of the Nation'.

3. What is the 'Basic Structure Doctrine' and which case established it?

   It holds that Parliament's amending power under Article 368 cannot alter the essential/basic features of the Constitution. It was established in Kesavananda Bharati v. State of Kerala (1973).

4. Name at least five features identified as part of the 'basic structure' of the Constitution.

   Supremacy of the Constitution, rule of law, separation of powers, judicial review, federalism, secularism, free and fair elections, independence of the judiciary, and the sovereign democratic republic character (illustrative, not exhaustive).

5. How did Indira Nehru Gandhi v. Raj Narain (1975) apply the basic structure doctrine?

   The Court struck down Clause 4 of the 39th Amendment (which placed the PM's election beyond judicial scrutiny) as violating free and fair elections and judicial review—both basic features.

6. What did Minerva Mills v. Union of India (1980) decide about Article 368?

   It struck down clauses (4) and (5) of Article 368 (added by the 42nd Amendment), holding that limited amending power and the balance between Fundamental Rights and Directive Principles are part of the basic structure.

7. What is the nature of the Indian federal system as described by the Constitution and courts?

   It is 'quasi-federal' or a federation with a strong unitary bias—federal in normal times but unitary during emergencies. S.R. Bommai (1994) confirmed federalism as a basic feature.

8. How is legislative power distributed between the Union and States?

   The Seventh Schedule contains three lists: List I (Union List), List II (State List), and List III (Concurrent List). Residuary powers belong to Parliament under Article 248.

9. In case of a conflict between a Union and State law on a Concurrent List subject, which prevails?

   Under Article 254, the Union law prevails and the State law is void to the extent of repugnancy—unless the State law received the President's assent (then it prevails in that State).

10. Under what circumstances can Parliament legislate on a State List subject?

    In the national interest via a Rajya Sabha resolution (Art. 249), during a National Emergency (Art. 250), when two or more States request it (Art. 252), to implement international treaties (Art. 253), and during President's Rule (Art. 356).

11. What is the 'Doctrine of Pith and Substance' in Centre-State relations?

    When a law's true subject (pith and substance) falls within the enacting legislature's list, it is valid even if it incidentally encroaches on a subject in another list.

12. What is the 'Doctrine of Colourable Legislation'?

    What cannot be done directly cannot be done indirectly; if a legislature lacks competence over a subject, it cannot disguise an ultra vires law as one within its power. Based on the maxim 'quando aliquid prohibetur ex directo, prohibetur et per obliquum'.

13. What are the three types of emergency under the Indian Constitution?

    National Emergency (Art. 352), State Emergency/President's Rule (Art. 356), and Financial Emergency (Art. 360).

14. On what grounds can a National Emergency be proclaimed under Article 352?

    On grounds of war, external aggression, or armed rebellion. After the 44th Amendment (1978), 'internal disturbance' was replaced by 'armed rebellion'.

15. What procedural safeguards for a National Emergency were added by the 44th Amendment?

    Proclamation requires written Cabinet recommendation; must be approved by both Houses within one month by special majority; continues six months at a time; and can be revoked by a simple-majority Lok Sabha resolution.

16. What is the effect of a National Emergency on the federal structure and fundamental rights?

    Parliament can legislate on State subjects; the Centre can direct States (Art. 250, 353); Article 19 freedoms are automatically suspended (for war/aggression); and other rights' enforcement may be suspended under Art. 359 (except Arts. 20 and 21 after the 44th Amendment).

17. What is President's Rule and on what ground is it imposed?

    Under Article 356, the President may assume State government functions when the State's governance cannot be carried on in accordance with the Constitution (failure of constitutional machinery).

18. What did S.R. Bommai v. Union of India (1994) hold about Article 356?

    A proclamation under Art. 356 is subject to judicial review; the floor of the House is the only test of majority; the proclamation needs parliamentary approval before dissolving the Assembly; and federalism and secularism are basic features.

19. What is a Financial Emergency and what are its effects (Article 360)?

    Imposed when India's financial stability or credit is threatened. The Centre can direct States on financial matters, reduce salaries of government servants including judges, and reserve State Money Bills for the President. It has never been invoked.

20. What does Article 14 guarantee?

    Equality before the law (a negative concept of British origin) and equal protection of the laws (a positive concept of US origin) to all persons within India's territory.

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